Senate Democrats

S. 1298, the Department of Homeland Security Appropriations Act, 2010

Summary

S.1298, the Department of Homeland Security Appropriations Act 2010, would appropriate $42.9 billion in discretionary budget authority for homeland security programs for Fiscal Year 2010.  This amount is $145 million below the President’s budget request, but would provide a $2.9 billion, or seven percent, increase over the amount appropriated for Fiscal Year 2009, excluding emergency appropriations provided in theAmerican Recovery and Reinvestment Act of 2009 and the Omnibus Appropriations Act, 2009

The legislation allocates funding to support critical homeland security priorities for:

  • Securing our borders and enforcing our immigration laws;
  • Protecting the American people from terrorist threats and other vulnerabilities, and ensuring the Department is nimble enough to address future threats;
  • Preparing for, responding to, and recovering from all-hazards;
  • Supporting our state, local, tribal, and private sector partners in homeland security with resources and information; and
  • Giving the Department resources to strengthen financial, procurement, IT systems, and other management tools that it needs to succeed; eliminating or reducing programs that are ineffective or duplicative. 

This Legislative Bulletin draws from a summary prepared by the Senate Committee on Appropriations staff, the Committee report, (111-31), as well as the bill language.

Major Provisions

Title I: Departmental Management and Operations

Title I funds administrative expenses of the Department of Homeland Security, including the Office of the Secretary, Executive Management offices, the Department-wide Technology Investments Account, and the Office of Inspector General. 

S.1298 would provide $1.325 billion for departmental management and operations, an increase of $254 million over the Fiscal Year 2009 level (not including funding provided in the American Recovery and Reinvestment Act of 2009) and $65.3 million below President Obama’s budget request.  The proposed funding includes $7.7 million for the Privacy Officer, $51.6 million for the Office of Policy, $6 million for the Office of Public Affairs, $22.1 million for the Office of Civil Rights and Liberties, $6.7 million for the Citizenship and Immigration Services Ombudsman, $2.6 million for the Office of Counternarcotics Enforcement, $115.9 million for the Office of Inspector General.

The bill would provide significant funding to strengthen financial, procurement, IT systems, and other management tools, including:

  • 144 positions and $31 million above FY 2009 for the Chief Procurement Officer, including funds to increase oversight of major DHS acquisitions. The Department has been criticized for its lack of oversight of nearly $14 billion in annual procurements;
  • $19.2 million is included to consolidate 13 separate DHS financial systems to improve internal controls and financial reporting;
  • $22.5 million above FY 2009 is included to issue new biometrically readable security ID’s for DHS employees;
  • $3 million above 2009 is included for additional personnel to adjudicate background investigations. DHS hiring has been plagued by a backlog in this process; and
  • Significant funding is provided to the Chief Information Officer and DHS components to consolidate 24 legacy data centers into two secure locations.

Title I Funding: Departmental Management and Operations

 

$ millions

Fiscal Year 2010 ($ millions)

Program

FY 2009 Enacted

Admin. Request

S.1298

Title I (subtotal)

1,276

1,390

1,325

Source: Senate Appropriations Committee Report 111-31.

Title II: Security, Enforcement, and Investigations

S.1298 would allocate $32.653 billion for security, enforcement, and investigations.  This amount is $661.3 million above Fiscal Year 2009 levels, and provides an increase of $530.61 million above President Obama’s request. 

U.S. Customs and Border Protection (CBP).  CBP is responsible for security efforts at and between ports-of-entry along U.S. borders, including inspection of people and goods and maintenance of border crossing stations.  A total of $10.1 billion in direct appropriations is provided for CBP.  This amount is $346.9 million more than the amount enacted in Fiscal Year 2009 (not including funds provided in the American Recovery and Reinvestment Act of 2009) and $120.6 million more than the amount requested in President Obama’s budget.  Specifically, the bill includes:

  • $800 million for Southwest Border investments for Border Security Fencing, Infrastructure, and Technology (BSFIT), which is $25 million above Fiscal Year 2009 levels and $20.55 million above the President’s  request.  Through a combination of fencing, technology, and border patrol agents on the ground, CBP now has 697 miles of Southwest border under effective control, compared to 241 miles in Fiscal Year 2005.  BSFIT funding also includes $40 million, which is equal to the President’s request and last year’s funding, for additional investments in Northern Border security technology;
  • $3.5 billion to fully fund 20,063 Border Patrol agents, of whom over 17,000 will be based on the Southwest Border.  This amount is $20 million above the President’s budget request and $98.6 million above Fiscal Year 2009 levels.  It would provide an increase of 6,000 agents, or more than 50 percent, since 2006;
  • $80 million for Southwest Border counterdrug initiatives, including $40 million for additional scanning systems for southbound lanes and $13.9 million above the requested amount for additional personnel and equipment to stop the outbound flow of weapons and currency used in the drug trade; and
  • $145 million for CBP’s Western Hemisphere Travel Initiative (WHTI), as requested, to continue deploying technology and infrastructure at the 46 busiest border ports of entry and facilitate travel and security for all travelers.

U.S. Immigration and Customs Enforcement (ICE).  ICE is responsible for enforcement of immigration and customs laws within the United States; for detaining and removing deportable or inadmissible illegal immigrants; and for providing security for federal buildings and property.  S.1298 would provide $5.445 billion for ICE.  This amount is $455.9 million more than was enacted in Fiscal Year 2009 but $13 million below President Obama’s budget request.  The bill would provide funding as follows:

  • $115 million for ICE to combat international trade in illicit drugs, weapons smuggling and crimes associated with violence along the Southwest Border.  This is part of an overall $161 million increase over Fiscal Year 2009 for ICE investigations and $55 million more than the President’s request.  Funding includes:

–           $70 million, as requested, to expand operations related to Southwest border violence by initiating more ICE investigations, intelligence activities, and international programs;

–          $20 million above the requested amount for investigations of transnational gangs and cross-border weapons smuggling;

–          $20 million above the requested amount for expansion of Border Enforcement Security Task Forces; and

–          $5 million above the request for bulk cash smuggling investigations.

  • $1 billion to identify dangerous criminal aliens and prioritize these individuals for removal once an immigration judge orders them deported;
  • $196 million, as requested, for Secure Communities, which is a program that allows local law enforcement to check fingerprints of people booked on criminal charges for immigration and criminal records; and
  • $139 million for worksite enforcement investigations, which is $10 million above the requested amount to hire 100 special agents to perform audits of employers.

Transportation Security Administration (TSA).  TSA is responsible for ensuring security for all air, maritime, and land transportation systems.  S.1298 would provide $7.7 billion (including fees) for transportation security programs, including key requirements authorized in the 9/11 Act.  This amount is $712.7 million above Fiscal Year 2009 levels (not including funding provided in the American Recovery and Reinvestment Act of 2009), but $83.8 million below the President’s budget request. 

The legislation would provide $4.395 billion for passenger and baggage screening, $842.6 million for aviation regulation and other enforcement, $999.6 million for transportation security support activities, and $860 million for Federal Air Marshals.  It also includes $2.1 billion in aviation security fees, including $1.65 billion that will be collected from aviation passengers and $448 million that will be collected from airlines. 

Highlights of TSA appropriations include:

  • $806.7 million in discretionary spending to purchase and install explosives detection systems at airports.  An additional $250 million will be provided for this activity through mandatory fees.
  • $128.7 million for checkpoint security technologies.
  • $115 million for air cargo security activities, including $6.9 million above the request for 50 additional inspectors to ensure compliance with the 100 percent screening mandate set for August 2010 in the 9/11 Act (on top of the 450 inspectors hired at Congress’ initiative in recent years).
  • $143 million for surface transportation security, including funding to support 15 additional Visible Intermodal Protective Response (VIPR) Teams, and funds above the request for 100 new surface transportation security inspectors.

Coast Guard.  The Coast Guard is the lead federal agency for maritime security, including border and transportation security at ports, coastal and inland waterways, and territorial waters.  The legislation would provide $8.9 billion in discretionary funding for the Coast Guard, which represents an increase of $753.1 million over last year’s funding levels (not including funding provided in the American Recovery and Reinvestment Act of 2009) and an increase of $509.7 million over President Obama’s budget request. 

LORAN-C. S.1298 includes an additional $18 million above the request to continue operations of LORAN-C stations until January 4, 2010, and provide for their orderly termination.  LORAN was established after WWII as a navigational tool for mariners and aviators.  The request proposes to terminate the stations on October 1, 2009, with the justification that GPS is now the primary navigational tool and LORAN is seldom used.  The mark terminates Loran-C, effective January 4, 2010, if the Commandant certifies that LORAN is not needed as a backup to GPS and that its termination will not adversely impact navigation safety.

The bulk of the appropriations provided in the bill – $6.838 billion – would be allocated for operating expenses.  The bill also would provide $13.2 million for environmental compliance and restoration, $133.6 million for Coast Guard Reserve training, $1.598 billion for acquisition, construction, and improvements; $29.7 million for Research, Development, Test and Evaluation; $1.36 billion for retired pay (mandatory funding); and $261 million for the Health Care Fund (permanent indefinite appropriations).  Key allocations include:

  • $241.5 million for Guard operations in support of overseas contingency operations requirements, as requested in the Department of Defense (DOD) budget for the Navy;
  • $1.195 billion for the Deepwater program, including $389 million to complete the production for the fourth National Security Cutter (NSC #4) and for long lead time materials for NSC #5;
  • $123 million for Response Boat Mediums to replace aging 41 foot Utility Boats acquired in the early 1970’s; and
  • $28 million for Interagency Operation Centers, which are authorized by the SAFE Port Act.

United States Secret Service.  The legislation would provide a total of $1.486 billion for the operations of the U.S. Secret Service.  This amount is $73.7 million below Fiscal Year 2009 funding levels and $2.9 million below the President’s budget request.

Title II Funding: Security, Enforcement, and Investigations

 

$ millions

Fiscal Year 2010 ($ millions)

Program

FY 2009 Enacted

Admin. Request

S.1298

Customs and Border Protection

9,821

10,049

10,169

Immigration and Customs Enforcement

4,989

5,458

5,445

Transportation Security Administration

6,977

7,774

7,690

Coast Guard

9,361

9,729

9,997

U.S. Secret Service

1,413

1,490

1,487

Title II (subtotal)

29,951

32,122

32,411

Source: Senate Appropriations Committee Report 111-31. All figures listed are direct non-emergency appropriations (including any transfers), but do include fees.

Title III: Protection, Preparedness, Response, and Recovery

The Department of Homeland Security National Protection and Programs Directorate, the Federal Emergency Management Agency (FEMA), and Office of Health Affairs are intended to support first responders, coordinate federal response to catastrophic disasters, aid recovery efforts, promote national emergency preparedness and planning, and develop programs for interoperable communications for first responders.  S.1298 would appropriate a total of $8.554 billion for protection, preparedness, response, and recovery.  This amount represents a $250.2 million increase from Fiscal Year 2009 levels (excluding emergency appropriations), but would provide $138.2 million less than President Obama’s budget request.

National Protection and Programs Directorate.  The National Protection and Programs Directorate seeks to foster better integration of national approaches between strategic homeland security programs, facilitate infrastructure protection, ensure emergency communications capabilities, integrated risk management, identity safeguards for visitors to this country, and ensure the protection of federal buildings and facilities.  The bill would provide a total of $1.324 billion to the Directorate, which is $5.3 million more than the requested amount and $165.9 million more than the amount enacted for Fiscal Year 2009.           

The bulk of funding – $901.4 million – would be allocated to the Infrastructure Protection and Information Security.  This amount is $94.5 million more than the amount enacted for Fiscal Year 2009, but $16.75 million less than amount requested in President Obama’s budget proposal.  It includes funding for:

  • Cyber security.  The legislation provides $398.7 million for cyber security, which $85 million above the Fiscal Year 2009 levels. The increase will expedite the continuing effort to combat the cyber security threat by reducing the points of access to the federal computer network to prevent hacking; by coordinating with the private sector who owns 85 percent of the Nation’s critical infrastructure; and by increasing security training and management of telecommunications, networks, computer systems, and the Internet.
  • Chemical security.  The bill would provide $103 million for high-risk chemical facility security including $25.4 million above Fiscal Year 2009 levels, to support the coordination and management of regulating high-risk chemical facilities.  The increase, combined with the conversion of contract employees to federal employees, will bring the total number of full-time employees to 246, which is 168 above Fiscal Year 2009.  The bill also includes a one year extension of DHS’s regulatory authority to secure chemical facilities, as requested.

United States Visitor and Immigration Status Indicator Technology (US-VISIT).  The bill would provide $378.2 million to continue the development of the US-VISIT system, which is designed to collect, maintain, and share appropriate information through an integrated technology system to determine the eligibility of aliens for admissions and benefits.  The US-VISIT program office holds the lead responsibility for working with the FBI to continue to develop interoperability between the Automated Biometric Identification System (IDENT) and the FBI’s Integrated Automated Fingerprint Identification System (IAFIS).  The total amount is $78.2 million above Fiscal Year 2009 funding and $22 million more than the amount included in the President’s request.  These additional funds are provided to support the full implementation of the biometric air exit capability at the earliest practicable time.  The bill also includes language requiring that no less than $28 million in Fiscal Year 2010 funds shall be provided for the implementation of a biometric air exit system.

Federal Protective Service (FPS).  The bill provides $1.115 billion for the FPS, fully offset by fees, which is equal to the President’s budget request.

Office of Health Affairs.  The Office of Health Affairs leads the Department on medical issues related to natural and manmade disasters; serves as principal advisor to the Secretary on medical and public health issues; coordinates biodefense activities; and serves as primary contact to other departments, state, local, and tribal governments on medical and public health issues.  The bill would provide a total of $135 million for the Office, which is $22.2 million below Fiscal Year 2009 levels and $3 million below the requested amount. 

Federal Emergency Management Agency. S.1298 would provide a total of $7.094 billion for emergency preparedness and response activities.  This amount is $140.4 million below President Obama’s budget request and $106.5 million above last year’s funding level. 

The legislation includes $859.7 million for FEMA management and administration, which is an increase of $7.5 million above the requested amount.  It will:

  • Provide funding to support a workforce of over 4,000 Full-Time Employees (FTE).  Since 2007, on a bipartisan basis, Congress has increased the size of FEMA from 2,500 FTE to 4,000 FTE.
  •  $2.3 million for a FEMA human capital study to evaluate the size of the FEMA workforce, and the distribution of employees and expertise between headquarters and the regional offices, to ensure FEMA is prepared for future risks.
  • $2.3 million to establish a state, local and tribal task force to review homeland grant programs, federal mandates, and guidance issued by FEMA.

The bill also would provide a total of $4.217 billion for grants to first responders and partners in homeland security, which is $350 million above the requested amount, including:

  • $800 million for firefighters assistance grants, including $420 million for SAFER grants (firefighter hiring grants) and $380 million for FIRE grants (firefighter equipment grants) ($210 million above the request);
  • $350 million for Emergency Management Performance Grants ($35 million above the request);
  • $887 million for Urban Area Security Initiative (equal to the request);
  • $950 million for State Homeland Security Grants, of which $60 million is for Operation Stonegarden (equal to the request);
  • $35 million for Regional Catastrophic Grant Program (equal to the request);
  • $350 million for Port Security Grants ($100 million above the request);
  • $356 million for Rail/Transit/Bus Security Grants ($106 million above the request); and
  • $120 million for Predisaster Mitigation Grants ($30 million below the request).

Additionally, S.1298 would eliminate duplicative grant programs.  As requested, it provides no funding for the Truck Security Grant program and the Commercial Equipment Direct Assistance program.  Additionally, the legislation reduces the Bus Security grant program and combines it in the Transit Grant program.

Title III Funding: Protection, Preparedness, Response, and Recovery

 

$ millions

Fiscal Year 2010 ($ millions)

Program

FY 2009 Enacted

Admin. Request

S.1298

National Protection and Programs 

1,158

1,319

1,324

Office of Health Affairs

157

138

135

Federal Emergency Management Agency

6,987

7,235

7,094

Title III (subtotal)

8,303

8,692

8,554

Source: Senate Appropriations Committee Report 111-31.  All figures listed are direct non-emergency appropriations (including any transfers), not including fees.

Title IV: Research, Development, Training, Assessments, and Services

Title IV funds the U.S. Citizenship and Immigration Services (USCIS), the Federal Law Enforcement Training Center (FLETC), and the Science and Technology (S&T) Directorate.  The bill would provide $1.792 billion for research, development, training, assessments, and services.  This amount is $89 million below Fiscal Year 2009 funding and $194.9 million below President Obama’s budget request. 

U.S. Citizenship and Immigration Services (USCIS).  USCIS is responsible for providing immigration benefits, information, and services to eligible individuals.  S.1298 would provide $136 million for USCIS, which is $34 million above Fiscal Year 2009 levels and estimates fee collections of $2.5 billion.  It includes $5 million to cover the naturalization of immigrants serving in the U.S. Armed Services and $118.5 million, $6.5 million above the request, to operate the E-Verify system and further improve its accuracy rates.  The legislation also includes a provision to authorize a 3-year extension of E-Verify, as requested.

Federal Law Enforcement Training Center (FLETC).  FLETC trains federal, state, and local law enforcement personnel to prevent and respond to homeland security threats.  The bill would provide $287.8 million for FLETC personnel and construction, which is $1 million below the President’s budget request and $45.2 million below the Fiscal Year 2009 appropriation.

Science and Technology (S&T).  The S&T Directorate is responsible for research, development, testing, and evaluation of homeland security capabilities, and for coordinating with federal, state, and local governments and the private sector to improve homeland security systems and technologies.  S.1298 would provide $994.9 million to support basic and applied research, development of prototypes, and procurement of systems to mitigate the effects of weapons of mass destruction and other research expenses, which is $62.3 million more than the net amount enacted for Fiscal Year 2009 and $26.5 million more than President Obama’s budget request. 

Domestic Nuclear Detection Office (DNDO).  DNDO is responsible for improving the nation’s capability to detect and report attempts to import, possess, store, develop, or transport nuclear and radiological material.  The legislation would provide $374 million, which is $7.9 million above the President’s request but $140.2 million below the Fiscal Year 2009 level.  This amount includes $10 million above the request for the Securing the Cities program.  The bill also includes language directing the DNDO to focus on deterrence to alternative pathways for bringing nuclear devices or radiological materials into the country, such as general aviation or small maritime vessels.

Advanced Spectroscopic Portal Monitors. S.1298 includes a provision prohibiting the Department from full-scale procurement of Advanced Spectroscopic Portal Monitors (ASP) monitors until the Secretary submits a report to the Committees on Appropriations certifying that a significant increase in operational effectiveness will be achieved.

Title IV Funding: Research and Development, Training, Assessment, and Services

 

$ millions

Fiscal Year 2010 ($ millions)

Program

FY 2009 Enacted

Admin. Request

S.1298

Citizenship and Immigration Services

101.7

364

135.7

Federal Law Enforcement Training Center

333

288.8

287.8

Science and Technology

932.6

968.4

994.9

Domestic Nuclear Detection Office

514.2

366.1

374

Title IV (subtotal)

1,881.5

1,987.3

1,792.5

Department of Homeland Security (total)

41,307

44,191

44,082

Source: Senate Appropriations Committee Report 111-31.  All figures listed are direct non-emergency appropriations (including any transfers), not including fees.

Legislative History

The Senate Appropriations Committee reported S.1298 on June 18, 2009, by a vote of 29-0.

The House Committee on Appropriations reported H.R.2892, its version of the Department of Homeland Security Appropriations Act, 2010on June 16, 2009, by a vote of 268-110.  On June 24, 2009, the House of Representatives passed the bill by a vote of 389-37.

Previous Votes

On March 10, 2009, the Senate passed H.R.1105, the Omnibus Appropriations Act, 2009, which included Fiscal Year 2009 funding for Homeland Security programs (Division J), by a voice vote.

On June 6, 2007, the Senate passed H.R.2764, the Consolidated Appropriations Act, 2008, which included Fiscal Year 2008 Funding for Homeland Security Programs (Division E), by a vote of 81-12.  The Senate adopted the conference report for H.R.2764 on December 18, 2007 by a vote of 76-17.

On July 13, 2006, the Senate passed H.R.5441, the Fiscal Year 2007 Department of Homeland Security Appropriations by a vote of 100-0.  The Senate adopted the conference report for H.R.5441 on September 29, 2006 by voice vote.

Statement of Administration Policy

On June 23, 2009, the White House issued a Statement of Administration Policy in support of H.R.2892, the House of Representatives version of the bill, as reported by the House Appropriations Committee.  The Statement can be viewed here at the Office of Management and Budget’s website.   At the time of publication, no Statement of Administration Policy has been issued for S.1298.

Possible Amendments

The DPC will circulate a description of possible amendments as information becomes available.

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